Bennett v. Taylor
New York Supreme Court
Appeal from Wayne county court. Summary proceedings by George W. Bennett against John Taylor. From a judgment of the county court entered January 9, 1892, reversing a judgment of the justice of the peace, together with a notice of an intention to bring up for review an order made by the same court dated January 9, 1892, denying a motion to correct the return, and for a reargument of the case, plaintiff appeals.
1Opinion of the CourtMacomber, J.
The plaintiff, as landlord, instituted summary proceedings to recover possession of certain demised premises situated in the village of Palmyra, upon the ground that the tenant, the defendant, was holding over after the expiration of his lease.
Upon a trial before a justice of the peace and a jury, a verdict was rendered in favor of the landlord, and from a judgment entered thereon an appeal was taken by the tenant to the county court, where, after argument, the judgment was reversed, upon the ground of the admission of erroneous evidence prejudicial to the tenant. The record there showed that…
2Cases cited1 opinion
- Houghton v. SwarthoutCourt for the Trial of Impeachments and Correction of Errors · 1845